How Should the Law Handle Privacy and Data Security Harms? (Part Four)

Daniel J. Solove by Daniel Solove, TeachPrivacy
Tuesday, July 22, 2014

In this post, I will discuss how the law should handle privacy and security harms. One potential solution is for the law to have statutory damages – a set minimum amount of damages for privacy/security violations. A few privacy statutes have them, such as the Electronic Communications Privacy Act (ECPA). The nice thing about statutory damage provisions is that they obviate the need to prove harm. Victims can often prove additional harm above the fixed amount, but if they can’t, they can still get the fixed amount.

Data Brokers, Cloud Providers, and Responsible Use

Paul Rosenzweig by Paul Rosenzweig, The Chertoff Group
Wednesday, July 16, 2014

Data brokers may soon become the pariahs of cyberspace if they don’t adopt principles of “responsible use.” And, if cloud service providers don’t watch out, they risk becoming tarred with the same brush.

Beyond the Horizon, the Data Center of Tomorrow

Scott Andersen by Scott Andersen, Unisys
Tuesday, July 15, 2014

From my vantage point data centers are really about four distinct services. They represent the compute power, the storage capability, the network (delivery) system and finally a structured place to build security solutions. So based on my view let’s take a look at what the data center of tomorrow might look like.

Riley v. California: Good News for the Cloud But Don’t Over Read the Results

H. Bryan Cunningham by Bryan Cunningham, Cunningham Levy LLP
Thursday, July 10, 2014

In a unanimous decision resolving two separate cases concerning cell phones seized during arrests (consolidated as Riley v. California) the court held that a judicial warrant is required before police search the contents of such cell phones.

Do Privacy Violations and Data Breaches Cause Harm? (Part Three)

Daniel J. Solove by Daniel Solove, TeachPrivacy
Tuesday, July 08, 2014

In this post, I want to explore two issues that frequently emerge in privacy and data security cases: (a) the future risk of harm; and (b) individual vs. social harm.

Why the Law Often Doesn’t Recognize Privacy and Data Security Harms (Part Two)

Daniel J. Solove by Daniel Solove, TeachPrivacy
Tuesday, July 01, 2014

In my previous post, I explained how the law is struggling to deal with privacy and data security harms. In this post, I will explore why. One of the challenges with data harms is that they are often created by the aggregation of many dispersed actors over a long period of time.

Privacy and Data Security Violations: What’s the Harm? (Part One)

Daniel J. Solove by Daniel Solove, TeachPrivacy
Tuesday, June 24, 2014

Courts have struggled greatly with the issue of harms for data violations, and not much progress has been made. We desperately need a better understanding and approach to these harms. I am going to explore the issue and explain why it is so difficult. Both theoretical and practical considerations are intertwined here, and there is tremendous incoherence in the law as well as fogginess in thinking about the issue of data harms. I have a lot to say here and will tackle the issue in a series of posts. In this post, I will focus on how courts currently approach privacy/security harm.

Is Your Solution Cloud Ready?

Scott Andersen by Scott Andersen, Unisys
Monday, June 23, 2014

What does Cloud ready mean? What in the end is the value of cloud computing based on the cloud ready criteria?

America’s Response to China’s Cyber Espionage: A Paper Tiger?

H. Bryan Cunningham by Bryan Cunningham, Cunningham Levy LLP
Wednesday, June 18, 2014

At least in the absence of additional, and more aggressive steps, I believe the indictments are, at best, neutral and, at worst, counterproductive, not only to the U.S. as a whole, but to the economic wellbeing of U.S. companies and, potentially, the individual liberties of American business men and women. Here’s why.

America’s Response to China’s Cyber Espionage: A Law Enforcement Tool

Mary DeRosa by Mary DeRosa, The Chertoff Group
Tuesday, June 17, 2014

It is easy to question the wisdom of recent U.S. indictments of 5 Chinese military officers for computer hacking and economic espionage. The Chinese government reacted by angrily accusing the U.S. of hypocrisy and suspending talks on cyber security. US businesses in China already feel the heat of official Chinese backlash and worry about more. And for what? There is virtually no chance that any of the indicted individuals, all of whom live in China, will see a US courtroom. A pretty big cost, it seems, for a symbolic effort.